If you are stopped while driving under the influence, you should be aware that a DUI offense in Clarksville is considered “OWI” or operating while intoxicated. One of the major problems with a DUI/OWI charge is you will be facing very harsh penalties under Indiana law. A first-time offense could mean facing 90 days up to a 2 year suspension of your driving rights.
Indiana and Implied Consent
Indiana has a harsh implied consent rule. Drivers who refuse a breathalyzer test will face a license suspension for a minimum of one year even if this is a first-time offense. Furthermore, there is no allowance for a hardship license so refusing the breath test is challenging. Anyone who is stopped should contact a DUI/OWI attorney immediately and speak with the attorney before submitting to a breathalyzer test.
Failure Can Be Defended
Though taking a breathalyzer test is risky when you are facing a DUI/OWI charge, it is important to understand the test results are often flawed and can be challenged in court if necessary. Some of the factors that impact a breathalyzer test include:
- Body temperature – if you have been running a fever because of a flu or illness, the results of the test may be inaccurate.
- Medication impact – in some cases, prescription medications that would not impact your ability to drive safely can result in a false positive result on a breathalyzer test.
- Dietary factors – many people are surprised to learn their diet can alter the results of a breathalyzer test. In fact, those who eat a low-carb diet or eat certain foods in the hours prior to a breathalyzer test may have higher levels of alcohol not associated with liquor in their mouths.
- Machine problems – breathalyzer machines must be properly calibrated and maintained to provide accurate results. In some instances, a failed breathalyzer test can be questioned if we can show the machine may have been flawed.
- Administrator errors – each police officer who administers breathalyzer tests must be properly trained on the use of the equipment. Failure to provide proper training can result in the test results being thrown out of court.
Even if you failed a breathalyzer test, you should not consider pleading no contest or guilty before talking to our Clarksville DUI/OWI attorneys. The penalties for a guilty finding or no contest plea are long-term and consequential.
If you are facing DUI/OWI charges in the Clarksville area, contact a DUI/OWI attorney at Key Law Group at 812-302-0539 immediately for assistance.